That hissing sound you hear is not just air coming out of the real estate bubble, it’s the folks at Mining Investment Group, LLC (“MIG”) who today learned the importance of a mandatory closing date where a contract specifies that “time is of the essence.” The case, Mining Investment Group, LLC v. Roberts, shows just how strictly the courts will interpret real estate purchase contracts – indeed,…

Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian. Moreover, plaintiffs asserted that KC employees knew the patron lived in Bullhead City and that he would return there after…

Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs. Liens in the…

Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers’ compensation offsets in underinsured motorist (UIM) claims.Pima County Deputy Sheriff Jean Cundiff was injured by a third-party while on the job, in her patrol car. Although she was paid certain workers’ compensation benefits, the third-party only carried $15,000 in…

Ask most people, and they’ll probably tell you global warming is our greatest global obstacle. Some will even say something like terrorism or illegal immigration. Frankly, I thought I was pretty damn clever spotting the global credit bubble, and believed it to be the greatest global crisis we’d face in our lifetimes (i.e., something on order of five times larger than the S&L crisis). Even if…

The Legal Examiner offers both bloggers and readers the opportunity to share their thoughts and opinions on all things law. From news on current legislative efforts to practical guidance on everyday legal issues, The Legal Examiner will have it covered. Learn More